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Can I stay in the US after I mailed my I130/I485 concurrently with expired F1 visa and OPT which will expire soon?
Anonymous3 views4 answers
I am an international student entered in the US 09/2013 with F1 visa. I have graduated in 08/2014 and I applied I765 for opt with a expired F1 visa. The opt allowed me to work in the US from 10/31/2014 to 10/20/2015; and I cannot stay in the US for 90 or more unemployment days, which 1/28/2015 is the last day I can stay in the US. However, I married a US citizen which we have been dating for 4 years, and we filed both I130 and I485 concurrently, and express mailed it on the 1/08/2015. The USCIS has received the package. However, I haven't received any notice yet. How long usually will it take USCIS to mail the notice? Can I stay in the US with expired F1 visa with OPT which will expire soon while waiting for the USCIS decision? Thank You!
Forget about the OPT it's now history. You are an adjustment applicant. If you did not apply for advance parole when you filed the I-130/485, you must apply and receive it before you leave the country. I strongly urge you to meet with an experienced immigration lawyer to review your case to see if there may be other issues
Yes you can stay if the filing was accepted. Look to see if they cashed your filing fee checks. I agree that consulting with an attorney to make sure thee are no issues is a good idea.
Yes, you may stay in the country. However, seek the help of an immigration attorney to apply for advanced parole to be able to leave the USA and come back while your application is still pending and assistance in applying for work authorization in the meantime.
Learn by your mistakes. You should have had an Immigration Attorney file for you. Did you file an I-765, I-131, G325a(two) and an I-864. If you did, you are on the right track. Stiil, retain an Immigration attorney. You have too much going for both of you not too! Good Luck.
Frank Stanczak,
Immigration Attorney
